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Old 04-01-2016, 08:43 PM   #1
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My dad died last night and I'm planning his funeral tomorrow along with overseeing his estate. He has a wife and two wills of which I have the most recent one. I'm planning on the ship hitting the flan as soon as my copy is revealed since it cuts his wife almost entirely out of his estate other than community property(Louisiana). His wife has no clue what's about to happen since I believe he also left his retirement to us kids also as beneficiaries. I am planning for the worst hoping it will die down quickly. Anybody else run into something like this?
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Old 04-01-2016, 08:58 PM   #2
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Been there, done that and the family stills sees things differently.
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Old 04-01-2016, 09:04 PM   #3
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Sorry about your pops,

2nd wife? Why cut her out, does she have some $$ herself.
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Old 04-01-2016, 09:12 PM   #4
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My dad died last night and I'm planning his funeral tomorrow along with overseeing his estate. He has a wife and two wills of which I have the most recent one. I'm planning on the ship hitting the flan as soon as my copy is revealed since it cuts his wife almost entirely out of his estate other than community property(Louisiana). His wife has no clue what's about to happen since I believe he also left his retirement to us kids also as beneficiaries. I am planning for the worst hoping it will die down quickly. Anybody else run into something like this?
Sorry about your Dad...

Hire an attorney to act as executor of the will. It will take some of the heat off you.
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Old 04-01-2016, 09:22 PM   #5
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Sorry about your Dad...

Hire an attorney to act as executor of the will. It will take some of the heat off you.
X2!

I'm sorry for your loss.
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Old 04-01-2016, 09:31 PM   #6
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Lucky me I am co-executor with a brother and our shares aren't proportional. I have always been thought of as the favorite so there's a possibility that it will be circular firing squad. He changed his will after seeing the light of high maintence and her thieving grandson.
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Old 04-01-2016, 09:47 PM   #7
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The recommendation to hire an attorney as executor is excellent.
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Old 04-01-2016, 10:11 PM   #8
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Very sorry to hear of your loss.

I agree with others that you should get a good estate attorney - let THEM be the "bad guy" on your behalf in dealing with your Dad's wife and the TWO Wills (NEWEST is the LEGAL one!).

The co-executor thing with your brother (unequal share) will be addressed by the lawyer. EACH beneficiary will probably get a copy of the Will - from whomever ends up being the executor.

I'm guessing here that even if you and your brother are named as "co-executors" that the lawyer can handle the estate on your (both) behalf if the 2 of you agree to that?

Things can get pretty complicated with ANY Will, so probably best left to the legal folks. Just get GOOD info from them - UP FRONT - as to how they will be charging/billing the estate!

I've been an Executor for 2 estates in the past 6 years - one took 2 years to finish, the other took about 2 MONTHS. Varies from state to state, so much of the info you get here will not take that into account.

Regards,
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Old 04-01-2016, 10:27 PM   #9
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sorry about your loss.
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Old 04-02-2016, 05:30 AM   #10
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Sorry for your loss.
Money and this kind of thing,really bring out the greed and the very worst in humans.
Been there a few times. Unfortunately, for you, there is no easy way out of this.Try and take the high road.
Be as fair as possible is all I can suggest.
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Old 04-02-2016, 05:40 AM   #11
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Sorry about your Dad.

ATTORNEY!!!!! Immediately.
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Old 04-02-2016, 05:45 AM   #12
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Sorry for your loss. When I lost my parents, the estates were easy to settle between me and my sister. Can't imagine what you'll go through.

Co-executors, huh? My sister and I were co-executors. Our lawyer strongly recommended that one of us voluntary voluntarily surrender the role and my sister did. Your lawyer will explain why that's a good idea.

Based on what little I've heard, if the estate is worth much, you can expect your "most recent" will to be challenged. That's especially likely because its existence will be a surprise to the newly-disinherited. Legal expenses from that fight will eat up a chunk of the estate.

Good luck.
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Old 04-02-2016, 05:47 AM   #13
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Hope for your sake your dad made specific bequests.

Depend on how the will is written, you may need to get outside appraisals on Real estate, chattels, etc. While I disagree with others about hiring an attorney to be the executor, an attorney who specializes in estates should be consulted during the process. They can explain how to proceed, help with tax returns(if any), suggest contacts for appraisals, and guide you thru may pit falls.

Using a program like Quicken to account for and help document transfers, etc. can be extremely useful tool as an executor for an estate.

Sorry about your dad.
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Old 04-02-2016, 06:00 AM   #14
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Man... Super sorry to hear about your dad. I know that feeling all to well. I personally would not care if I made his wife mad, or even my brother. My pop's last wishes will be carried out no matter who gets hurt. You're his "fav" for a reason. Make sure you honor him by following his wish.

That being said.... Hire an attorney. This is the last thing you need on your plate man. Let the attorney take care of this for YOU. For you peace and mind. Good luck brother.

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Old 04-03-2016, 06:26 AM   #15
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Thanks
I am waiting on a referral from a friends dad who is an attorney for a probate expert.
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Old 04-03-2016, 08:19 AM   #16
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Kenner, sorry for your loss!! David Sigler, in Lake Charles is the best estate lawyer in LA. He is the author of a number of text books used in LA law schools dealing with the subject. Additionally, it doesn't matter what the will says regarding life insurance or the retirement accounts. It's what the beneficiary declaration says
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Old 04-03-2016, 08:30 AM   #17
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The estate needs to lawyer up and as executor it is your job to make that happen.
The estate pays the legal fees.

The second will is likely to undergo intense legal scrutiny.

There are any number of statutory realities that have to be accommodated when one alters a will resulting in recognized heirs being cut out.

The timing, the witnesses, the attestation...all come in to play.

Sounds like you got a mess brewing.
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Old 04-03-2016, 08:07 PM   #18
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Man... Super sorry to hear about your dad. I know that feeling all to well. I personally would not care if I made his wife mad, or even my brother. My pop's last wishes will be carried out no matter who gets hurt. You're his "fav" for a reason. Make sure you honor him by following his wish.

That being said.... Hire an attorney. This is the last thing you need on your plate man. Let the attorney take care of this for YOU. For you peace and mind. Good luck brother.

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I can't agree with that as a blanket statement. I am the executor of my father's estate. He has told me that he is going to split it a little unequally, with me getting a larger share than my two brothers. I've asked him not to do that but he is pretty set. It doesn't matter the reasons for his decision, when it comes time, barring any legal prohibitions, we are all getting the same. I'm all for honoring wishes but I'm not going to strain my relationships with my brothers because my Dad makes a decision that he doesn't have to live with. Obviously, everyone's family is different. This is what I've decided is right for my family.

Kenner 23, I'm sorry for your loss and I hope this coming poop storm is short and as painless as possible.
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Old 04-03-2016, 09:16 PM   #19
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Lawyer call being made first thing am and I have been seeing precursors of the impending storm for the last three days. It's now all on my back as sole executor per my brother. The only change made was eliminating wife #3 as usafruct of his homestead and farm. I don't think he ever changed the beneficiary on his securities. The good part of this is she was instrumental in causing the train wreck that will be caused by the updated will.
I also believe she has multiple accounts that he never knew about. Would a P.I. Be able to find this information out?
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Old 04-03-2016, 09:30 PM   #20
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Kenner, I understand you have a fiduciary duty to the estate, but please remember you're also a human being who just lost your dad. Grieving and coming together as a family are what's important at this time. The money is secondary. The money can wait until after the funeral and wake. Now is time to mourn.

Big hugs, brother!

==>Rapi

PS The legal fight over my dad's estate took five years or so. The family is divided.
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